Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Intimation memo and dishonour memo do not contain number of cheque - Therefore, trial Court ought to have granted an opportunity to complainant to examine Bank Manger with relevant document to prove this aspect - Order of acquittal set aside - Matter remitted for fresh disposal after providing an..........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute has admittedly culminated in a comprehensive One Time Settlement under which Bank has received the entire outstanding amount - Recovery proceedings before tribunal have..........
Indian Penal Code, 1860, Section 420, 468, 5471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute arising out of commercial transaction which has been amicably resolved through One Time settlement under which Bank has received entire outstanding amount - Recovery..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge thereto - Plaintiff failed to prove that compromise decree was result of any fraud or misrepresentation or that her thumb impressions were obtained on pretext of obtaining loan from bank - Since there was not any kind of fraud or misrepresentation to plaintiff, subsequent Court could not set..........
Service -- Banking service - Disciplinary proceedings - Quashing of charge sheet - Charge sheet was served on appellant without seeking advice of Central Vigilance Commission (CVC) - Bank itself accepted the necessity of seeking first stage advice from CVC - It was thus, not open for Bank to serve charge sheet without receiving and considering first stage advice by CVC -..........
Customs Act, 1962, Section 14 -- Custom duty - Encashment of bank guarantees offered as security cannot be treated as payment of customs duty...........
Service -- Agreement of service containing restrictive covenant - Clause 11 (k) of appointment letter shows that employee was required to pay liquidated damages of Rs.2 lakhs in the event of leaving employment of bank prior to 3 years - Whether clause violative of S.27 of Contract Act - Clause sought to impose a restriction on employees option to resign and thereby..........
Service -- Agreement of service containing restrictive covenant - Clause 11 (k) of appointment letter shows that employee was required to pay liquidated damages of Rs.2 lakhs in the event of leaving employment of bank prior to 3 years - Whether clause opposed to public policy - Restrictive covenant prescribing a minimum term cannot be said to be unconscionable, unfair or..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 3 -- Interim injunction - Arbitration proceedings - Appellants attempted to encash bank guarantee furnished by respondent - If appellants were permitted to invoke bank guarantee, prayer made in S.9 of Arbitration and Conciliation Act, arbitration petition would likely become infructuous - Interim order restraining..........
Bank guarantee -- Courts should refrain from interfering with invocation of bank guarantee except in cases of fraud of an egregious nature or in cases where allowing encashment would result in irretrievable injustice...........
